Terms of Use

Introduction; Consent to Terms
Please read these Terms of Use before using FitForCommerce.com or any features of this site, including, but not limited to, the FitForCommerce Online Sign Up, FitForCommerce RSS Feeds, FitForCommerce Blogs and FitForCommerce Podcasts (collectively, the “FitForCommerce Websites” or the “Service”). By using the Service, you agree to be bound by these terms of use. If you do not agree to these terms of use, please exit the Service. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated terms of use on the FitForCommerce Websites. Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated terms of use. Your continued use of the Service following the posting of updated terms of use will mean that you agree to those changes.

Copyrights
The contents of FitForCommerce Web sites are protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material on the FitForCommerce Websites without the prior written consent of FitForCommerce, except as provided below. You may copy and print a limited amount of content, and you may download FitForCommerce Podcasts content, for your personal, non-commercial use only, provided that you include all copyright and other notices contained in the content and that you do not modify the content. Any other use of FitForCommerce content requires prior written permission from FitForCommerce.

Trademarks
FitForCommerce(c) and FitForCommerce product names are service marks of FitForCommerce, LLC. All rights reserved. You may not use any FitForCommerce service marks, logos or graphics without FitForCommerce’s prior written consent, except that you may use the FitForCommerce-provided logo contained in a FitForCommerce RSS Feed in connection with the personal, noncommercial use of FitForCommerce’s RSS Feeds, subject to the requirements set forth below in FitForCommerce’s RSS Feed policy.

Framing
FitForCommerce does not allow framing of the FitForCommerce Websites.

Links to FitForCommerce Websites
FitForCommerce encourages and permits links to content on FitForCommerce Websites. However, FitForCommerce is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and appearance. Therefore, the linking should not (a) suggest that FitForCommerce promotes or endorses any third party’s causes, ideas, Websites, products or services, or (b) use FitForCommerce content for inappropriate commercial purposes. We reserve the right to withdraw permission for any link.

Links to Third Party Sites
FitForCommerce has provided links to Internet sites maintained by third parties, over which FitForCommerce has no control. FitForCommerce does not endorse the content, operators, products or services of such sites, and FitForCommerce is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. FitForCommerce shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.

RSS Feeds
FitForCommerce’s RSS Feeds, provided by FitForCommerce at www.FitForCommerce.com/rss/, consist of a selection of headlines, summaries and links to full news stories, which can be delivered to your desktop using a technology called XML (extensible Markup Language) (individually, an “RSS Feed” and collectively, the “RSS Feeds”). The RSS Feeds are protected by U.S. and international copyright laws. All rights in and to the RSS Feeds are reserved to FitForCommerce. You may display, excerpt from, and link to the RSS Feeds on your personal Website, weblog, or similar application for personal, noncommercial purposes only. Any other use of FitForCommerce’s trademarks, or service marks, or of the RSS Feeds requires the prior written permission of FitForCommerce. For use of the news stories or other content that are linked to by the RSS Feeds, please see the Copyright section of these Terms of Use. FitForCommerce reserves the right to discontinue providing RSS Feeds and to require that you cease accessing or using the RSS Feeds, or any content contained in the RSS Feeds at any time for any reason.

FitForCommerce Podcasts
FitForCommerce provides Podcasts (the “FitForCommerce Podcasts”) consisting of selected audio content from FitForCommerce and other content providers, that is provided over the Internet using an XML feed and an associated audio file so that the audio file may be downloaded and played from a user’s computer or transferred to a portable listening device. FitForCommerce Podcasts are protected by U.S. and international copyright laws. All rights in and to the FitForCommerce Podcasts are reserved to FitForCommerce or the content provider. FitForCommerce Podcasts are available for personal, noncommercial use only. You may download copy and/or transfer to a portable listening device the FitForCommerce Podcasts for your personal, non-commercial use only, provided that you do not modify the content. You also may link to FitForCommerce Podcasts from your Website, web-log or similar application, as long as (a) the links redirect the user to the FitForCommerce Websites when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable FitForCommerce web page, (c) the linking does not suggest that FitForCommerce promotes or endorses any third party causes, ideas, Websites, products or services, or (d) you do not use FitForCommerce content for inappropriate commercial purposes, and (e) you provide attribution to FitForCommerce adjacent to the link. FitForCommerce reserves the right to discontinue providing FitForCommerce Podcasts and to require that you cease accessing or using the FitForCommerce Podcasts, or any content contained in the FitForCommerce Podcasts, at any time for any reason.

Use of the Service
If you use the Service, including by participation in the FitForCommerce Discussions or Chat Areas of the FitForCommerce Websites or by submission of comments, e-mails or other information via FitForCommerce.com, you must follow a few simple rules:

1. You may not post, upload or transmit any messages or materials anonymously or under a false name or a false e-mail address.

2. While we do not seek to limit expression of ideas, certain materials and language will not be tolerated. You may not post, upload or transmit any material or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law or that constitutes hate speech.

3. You may only post, upload or transmit materials for which you have the copyright or other permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that any posted, uploaded, included or transmitted materials will be owned by you or in the public domain.

4. The Service can only be used for non-commercial purposes. You cannot distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services.

5. You may not post, upload or transmit any software or other material which contains a virus or other harmful code or device. You may not use the Service to distribute chain letters, mass mailings or “spam” or to gather e-mail addresses for the purpose of sending “spam” to other users of the Service.

6. By posting, uploading or transmitting any material on or through the Service, you hereby grant FitForCommerce a non-exclusive, perpetual, royalty-free, worldwide license to use, copy, sublicense, modify, transmit, publicly perform or display that material, and your name and location (city, state and/or country), if you provide that information to us, in connection with that material, in all media, whether or not now known.

7. Persons under the age of eighteen (18) MUST obtain parental permission before registering for the FitForCommerce Discussion Boards or Chat Forums or posting, uploading or transmitting material on or through the Service. Children under the age of thirteen (13) are not eligible to participate in the FitForCommerce Discussions or chats or otherwise post, upload or transmit material on or through the Service.

8. You are solely responsible for any content posted, uploaded or transmitted using your account. FitForCommerce does not and cannot review every message posted by you and is not responsible for any materials posted by others in the FitForCommerce Discussions or Chat Forums or on or through the Service. However, FitForCommerce has the right (but not the obligation) to delete, edit or move any material that it deems, in its sole discretion, to be in violation of the Rules of the FitForCommerce Discussion Boards or Chat Forums or these Terms of Use, or which it otherwise, in its sole discretion, considers to be objectionable.

9. FitForCommerce is not responsible or liable for any materials posted in the FitForCommerce Discussions or Chat Forums or posted, uploaded or transmitted on or through the Service. FitForCommerce cannot verify the accuracy of statements that users place on the FitForCommerce Discussions or Chat Forums or on or through the Service, and does not guarantee that any material has been posted, uploaded or transmitted with the permission of the copyright or proprietary owner or is otherwise in compliance with the Rules of the FitForCommerce Discussion Boards or Chat Forums or these Terms of Use.

10. By using the Service, you agree to abide by these rules. You acknowledge that FitForCommerce has the right to delete, edit or move material that it deems, in its sole discretion, to be in violation of the Rules of the FitForCommerce Discussion Boards or Chat Forums or these Terms of Use, or which it otherwise, in its sole discretion, considers to be objectionable. You further acknowledge that FitForCommerce has the right to limit or terminate access to the FitForCommerce Discussions or Chat Forums for any reason, including violation of the Rules of the FitForCommerce Discussion Boards or Chat Forums or these Terms of Use.

Representations; Indemnity
You represent and warrant that (a) any material you post, upload or transmit on the FitForCommerce Discussions or Chat Forums or on or through the Service does not and will not violate any Rules of the FitForCommerce Discussion Boards or Chat Forums or these Terms of Use, and (b) your use of the Service complies with these Terms of Use. You agree that you will indemnify and hold harmless FitForCommerce and its directors, officers, employees, members and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Service, (3) the materials you have posted, uploaded or transmitted in the FitForCommerce Discussions or Chat Forums or on or through the Service, or (4) FitForCommerce’s publication, distribution or use of such materials.

Disclaimer
THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FITFORCOMMERCE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES FITFORCOMMERCE MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY
IN NO EVENT WILL FitForCommerce, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR PODCAST CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR RELATING TO ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE. IN NO EVENT WILL FITFORCOMMERCE, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR PODCAST CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Online Shopping
In the event a product available on or through the FitForCommerce Shop is listed at an incorrect price or with incorrect information, FitForCommerce will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation does not signify FitForCommerce’s acceptance of your order, nor does it constitute confirmation of FitForCommerce’s offer to sell. FitForCommerce reserves the right at any time after receipt of your order to accept or decline your order for any reason. FitForCommerce may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.

Copyright Agent
FitForCommerce respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to FitForCommerce’s Copyright Agent:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.

2. A description of the copyrighted work that you claim has been infringed.

3. A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.

4. Information so that we can contact you, such as address, telephone number and e-mail address.

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

FitForCommerce’s Copyright Agent can be reached as follows:
Attn: Copyright Agent
FitForCommerce
PO Box 348
Short Hills NJ 07078
Phone: (973) 379-7399
Fax: (973) 404-8855
Email: info(at)fitforcommerce.com

International Users
The Service is controlled and operated within the United States. FitForCommerce makes no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If you access the Service from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Miscellaneous
These terms of use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the FitForCommerce Websites and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these terms of use. These terms of use shall be governed by and construed under New Jersey state law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these terms of use or relating to the Service shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the state of New Jersey. A modification or waiver of a part of these terms of use shall not constitute a waiver or modification of any other portion of the terms of use. If for any reason any provision of these terms of use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the terms of use will continue in full force and effect.

Questions
If you have any questions about the terms of use, please contact FitForCommerce at info(at)fitforcommerce.com.